1. Introduction and Acceptance. This Software License Agreement (the “Agreement”) is a legal agreement between you (either an individual or an entity) and Intersections Inc. (the “Licensor”) regarding the use of Licensor’s software entitled SafeConnex, which includes user documentation provided in electronic form (the “Software”). BEFORE YOU CLICK ON THE “I AGREE” BUTTON AT THE BOTTOM OF THIS SCREEN, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING ON THE “I AGREE” BUTTON, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE “EXIT” BUTTON AND THE SOFTWARE WILL NOT BE INSTALLED ON YOUR COMPUTER, MOBILE DEVICE, OR TABLET. IF YOU DO NOT INSTALL THIS SOFTWARE PLEASE DESTROY OR DELETE ALL COPIES IN YOUR POSSESSION.
With the Software, you can encrypt and store usernames and passwords for your online accounts giving you the ability to safely log in to your online accounts and auto fill your credit card details when you are online. Your usernames and passwords are stored on your computer and not in any database. So no one has access to your usernames and passwords. You can log in to your accounts by using a single Master PIN and only through the computer, mobile device, or tablet where you initially installed the Software. The Software includes a secure browser that is used to log you in to your financial accounts. It also includes a Safe Search feature that provides you safely ratings of the search results so you can avoid certain websites that are rated unsafe. During installation, .NET Framework will be installed if required.
2. Ownership. The license granted hereunder does not constitute a transfer or sale of Licensor’s ownership rights in or to the Software. Except for the license rights granted below, Licensor and its suppliers and licensors retain all right, title and interest in and to the Software, including all intellectual property rights therein. The Software is protected by applicable intellectual property laws, including United States copyright laws and international treaties.
3. Grant of License. Subject to the restrictions set forth below, this Agreement grants you a limited, non-exclusive, and non-transferrable license to install and use the specified version of the Software in object code format, for personal use only during the Service Period. The “Service Period” shall begin on the date of your initial activation of the Software, and shall last until such time that Licensor terminates this License under Section 5 of this Agreement. The Software is “in use” on a computer, mobile device, or tablet when it is loaded into the temporary memory (i.e., RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer, mobile device, or tablet. Your subscription to SafeConnex does not require the payment of a license fee. Your subscription to SafeConnex has a perpetual Service Period unless terminated pursuant to Section 5 of this Agreement.
4. License Restrictions. You may not reverse engineer, decompile, or disassemble the Software, except to the extent the foregoing restriction is expressly prohibited by applicable law. You may not remove or destroy any copyright notices or other proprietary markings. You may not modify or adapt the Software, merge the Software into another program or create derivative works based on the Software. You may not use, copy, rent, lease, lend, sell or distribute the Software without Licensor’s authorization, except that you may make one (1) copy of the Software for archival or back-up purposes only.
5. Termination. THIS AGREEMENT SHALL TERMINATE UPON THE EARLIER OF: (i) YOUR FAILURE TO COMPLY WITH ANY TERM OF THIS AGREEMENT; (ii) THE RETURN, DESTRUCTION, OR DELETION OF ALL COPIES OF THE SOFTWARE IN YOUR POSSESSION; OR (iii) INTERSECTIONS INC. DECIDES, IN ITS SOLE DISCRETION, TO DISCONTINUE OFFERING THE SOFTWARE. Licensor’s rights and your obligations shall survive the termination of this Agreement. Upon termination of this Agreement by Licensor, you shall destroy or return to Licensor all copies of the Software, or any portion thereof and you will no longer have authorization to use the Software. When this Agreement is terminated and/or the subscription is canceled, you may no longer have access to data and other material you have stored in connection with the Service.
6. Updates. You are entitled to download updates to the Software when and as Intersections Inc. publishes them via its electronic bulletin board system, website or through other online services. Intersections Inc. may, at its discretion, add, modify, or remove features from the Software at any time with or without notice to you. After the Service Period, you have no further rights to receive any updates without the acquisition of a new license to the Software.
The SafeConnex software uses content that is updated from time to time, including but not limited to IP white lists and Web site sign in protocols. You shall have the right to receive content updates for the Software during your Service Period.
From time to time, the Software may collect certain information from the computer, mobile device, or tablet on which it is installed which may include:
- Your contact information. You may be asked to provide contact information, including your name and address during the installation process.
- Information regarding installation of the Software. This information indicates to Intersections Inc. whether installation of the Software was successfully completed and is collected by Intersections Inc. for the purpose of evaluating and improving Intersections Inc.’s product installation success rate. This information will not be correlated with any personally identifiable information.
- Information submitted for Storage within the Software. This information includes the number of accounts stored within the Software, the number of stored account logins within the Software, the number of searches conducted through SafeConnex, the number of times that logins were attempted using the Software, and the number of times the credit card pass feature has been used.
- The identification number given during initial setup to the computer, mobile device, or tablet on which the Software is being installed. The name will be used by Intersections Inc. as an identifier for your computer, mobile device, or tablet in order to perform security procedures related to providing access to the Secure Password File where your personal information is stored. The identification number may also be used by Licensor to link your Software account to prior or future accounts you may have for other Licensor products and to otherwise administer your usage preferences.
- General statistical and usage information. This information is used for product administration and analysis, to monitor utilization and to ensure good customer experience.
We will also use a third party analytics software provided by Tapstream Network Inc. (“Tapstream”). Tapstream uses data and tagging technologies including, but not limited to, cookies, to track and analyze your interaction with and use of the Software and may serve ads customized to you. Such tagging technologies may be placed on your computer or device. Information about your access and use of SafeConnex that does not identify you by name, including but not limited to your IP address, will be transmitted to and stored by Tapstream. Tapstream may transmit this data to Licensor for the purposes of evaluating individuals’ access to and use of the Software. This data may also be compiled into reports for review by the Licensor. This information may also be transferred to third parties that process data on Tapstream’s behalf or as required by law. By downloading and/or installing the Software, you expressly consent to the collection of the information referenced above and the placement of tagging and tracking technologies ion your device or computer and you further expressly agree that Tapstream, rather than Licensor, will be responsible for Tapstream’s collection, maintenance, use, and disclosure of such information.
8. Limited Security. The Software is intended to provide increased security for the usernames and passwords you use on the Internet. Accordingly, your use of the Software is only one part of a conscientious and comprehensive system to decrease the risk of misappropriation of your information by third parties. Licensor and its suppliers, licensors, distributors, agents, and representatives make no guarantee that the information you store in the software will not be stolen.
9. Other Available Sites and Offers. The Software may contain offers from third parties and links to third-party web sites. We are not responsible for the availability of any third-party sites or offers not controlled or offered by Licensor. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such third-party web sites not controlled or offered by Licensor.
10. Limited Warranty. Licensor warrants that the Software will perform substantially in accordance with the documentation accompanying the Software for a period of thirty (30) days after receipt by you. Licensor’s entire liability and your exclusive remedy for breach of this warranty shall be, at Licensor’s option, either (i) refund of the license fee paid by you; or (b) repair or replacement of the Software that does not meet the warranty set forth herein and that is returned to Licensor. This limited warranty shall be void if failure of the Software has resulted from any accident, abuse, misuse or misapplication by you. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. These terms supersede any prior agreements or representations—including representations made in Intersections Inc. sales literature or advice given to you by Licensor, a Licensor reseller, sales representative, or distributor, or an agent or employee thereof—that may have been made in connection with your purchase of the Software. This warranty runs from Licensor to you, and you do not have the right to make any warranty claims against Licensor’s suppliers, licensors, distributors, agents, and representatives.
11. NO OTHER WARRANTIES. EXCEPT AS SET FORTH IN SECTION 10, THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS. LICENSOR AND ITS SUPPLIERS, LICENSORS, DISTRIBUTORS, AGENTS, AND REPRESENTATIVES DO NOT WARRANT OR GUARANTEE THAT THE INFORMATION WILL NOT BE STOLEN. THE SOFTWARE DOES NOT PROCESS OR FACILITATE THE PROCESSING OF ANY CREDIT CARD, DEBIT CARD, OR OTHER FINANCIAL TRANSACTIONS. YOU ASSUME ALL RESPONSIBILITIES FOR SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR AND ITS SUPPLIERS, LICENSORS, DISTRIBUTORS, AGENTS, AND REPRESENTATIVES DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, ACCURACY, AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH THE ENJOYMENT OF THE SOFTWARE OR AGAINST INFRINGEMENT. THERE IS NO WARRANTY THAT THE SOFTWARE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.
12. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL LICENSOR OR ITS SUPPLIERS, LICENSORS, SERVICE PROVIDERS, DISTRIBUTORS, AGENTS, AND REPRESENTATIVES BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM THE THEFT, MISAPPROPRIATION, OR USE OF YOUR DATA STORED USING THE SOFTWARE) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR THE PERFORMANCE OR NON-PERFORMANCE OF THE SOFTWARE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS ARE INDEPENDENT OF THE EXCLUSIVE REMEDY PROVIDED IN SECTION 8 ABOVE AND SHALL APPLY NOTWITHSTANDING ANY FAILURE OF SUCH EXCLUSIVE REMEDY. IN NO EVENT SHALL LICENSOR’S OR ITS SUPPLIERS’, LICENSORS’, DISTRIBUTORS’, AGENTS’, OR REPRESENTATIVES’ AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT EXCEED THE FEES PAID BY YOU FOR THE SOFTWARE THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY AND DAMAGES SHALL NOT APPLY TO CONSEQUENTIAL DAMAGES FOR PERSONAL INJURY. You acknowledge and agree that Tapstream is a third party beneficiary of this Agreement, and that, upon your acceptance of the terms of this Agreement, Tapstream will have the right (and will be deemed to have accepted the right) to enforce this limitation against you as a third party beneficiary thereof.
13. Trademarks. Certain of the product and Licensor names used in this Agreement, the Software and the documentation may constitute trademarks of the Licensor or third parties. You are not authorized to use any such trademarks.
14. Export Restrictions. You acknowledge that the Software includes encryption software that may be subject to export and/or use controls. Accordingly, you may not use, download or otherwise export or re-export the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed countries (Countries listed in Part 746 of the EAR as embargoed destinations currently include Cuba, Iran, North Korea, Sudan, and Syria) or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missiles, or chemical or biological weapons.
15. General. This Agreement is governed by the laws of the Commonwealth of Virginia, USA, exclusive of its choice of law principles. ANY CLAIM, ACTION OR DISPUTE ARISING OUT OF OR RELATING THIS AGREEMENT OR OTHERWISE BETWEEN YOU AND US SHALL BE SETTLED BY BINDING ARBITRATION IN WASHINGTON, D.C., IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. NEITHER YOU NOR WE MAY CONSOLIDATE OR JOIN ANY CLAIM OR ACTION IN ARBITRATION WITH ANY OTHER CLAIM OR ACTION OR ACT AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OR PRIVATE ATTORNEY GENERAL. JUDGMENT UPON ANY AWARD OF THE ARBITRATOR MAY BE ENTERED IN ANY FEDERAL OR STATE COURT HAVING JURISDICTION. THIS ARBITRATION PROVISION AND THIS AGREEMENT ARE GOVERNED BY THE FEDERAL ARBITRATION ACT. PLEASE NOTE THAT BY AGREEING TO THIS AGREEMENT, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE COMMONWEALTH OF VIRGINIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE COMMONWEALTH OF VIRGINIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.